Diksha Ramakant Dubey, L.L.B, Shree L.R Tiwari College of Law
ABSTRACT
This research paper deals with alimony and Maintenance under Hindu Marriage Act. The concept of maintenance aims at getting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. Under Hindu marriage Act there is no fixed amount of maintenance that the husband is liable to pay to his wife and it is upon the discretion of a family court fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum. Maintenance to wife is a very complicated issue under Hindu Marriage Act. Sec. 24 of Hindu Marriage Act 1955 maintenance of pendent lite is to be provided to the claimant who does not have an independent income and the financial need of litigation expense has to be provided by the other spouse. the interim maintenance is payable from the date of presentation of the petition till date of dismissal of the suit or passing of decree. Sec.25 Hindu marriage Act provide for the grant of permanent alimony and Maintenance to wife which a husband under certain circumstances is obliged to pay. Payment of maintenance can either take place during the subsistence of the marriage or after the dissolution of the marriage. The most important aspect of maintenance is that the party which counts on maintenance should not have any independent source of income to support themselves. The importance of maintenance and the expenses of the proceedings have not been specified in any of the Indian Matrimonial statutes except the Divorce Act.
Keywords: Maintenance, alimony, spouse, grounds, discretion, permanent.
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